Supreme Court of India · 2003-08-01
Lakha Ram Sharma vs Balar Marketing Pvt. Ltd.
- Citation / case number
- AIRONLINE 2003 SC 749
- Court
- Supreme Court of India
- Petitioner
- Lakha Ram Sharma
- Respondent
- Balar Marketing Pvt. Ltd.
- Bench
- S.N. Variava, H.K. Sema
Judgment text excerpt
The Supreme Court held that the High Court erred in disallowing the appellant's amendment to raise the valuation of the Suit from Rs. 1,00,000 to Rs. 10,00,000, stating that the merits of the claim should not be considered at the amendment stage. The Court emphasized that an amendment should not be refused merely because it may affect the jurisdiction of the court. The impugned order of the High Court was set aside, restoring the trial court's decision to allow the amendment, while directing the trial court to assess the correctness of court fees based on the new valuation.